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Maximum covery, $5,000. covery, $250.

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fringing maker and his agencies for the distribution to exhibitors of such infringing motion picture shall not exceed the sum of five thousand dollars nor be less than two hundred and fifty dollars, and such damages shall in no other case exceed the sum of five thousand dollars nor be less than the sum of two hundred and fifty dollars, and shall not Minimum be regarded as a penalty. But the foregoing exceptions shall not deprive the copyright proprietor of any other remedy given him under this law, nor shall the limitation as to the amount of recovery apply to infringements occurring after the actual notice to a defendant, either by service of process in a suit or other written notice served upon him. "First. In the case of a painting, statue, or sculpture, statue, or sculp ten dollars for every infringing copy made or sold by or ture, $10 for every found in the possession of the infringer or his agents or

employees;

Painting,

infringing copy.

Other works,

"Second. In the case of any work enumerated in sec- $1 for every intion five of this Act, except a painting, statue, or sculp-fringing copy. ture, one dollar for every infringing copy made or sold by or found in the possession of the infringer or his agents or employees;

Lectures, $50

"Third. In the case of a lecture, sermon, or address, for every infringfifty dollars for every infringing delivery;

ing delivery.

$50 for subse

performance.

"Fourth. In the case of a dramatic or dramatico- Dramatic or musical works, musical or a choral or orchestral composition, one hun- $100 for first and dred dollars for the first and fifty dollars for every sub- quent infringing sequent infringing performance; in the case of other other musical musical compositions, ten dollars for every infringing for every infringperformance;

compositions, $10

ing performance.

"(c) To deliver up on oath, to be impounded during Delivering up the pendency of the action, upon such terms and condi- ticles.

tions as the court may prescribe, all articles alleged to

infringe a copyright;

Destruction of

"(d) To deliver up on oath for destruction all the infringing copies, infringing copies or devices, as well as all plates, molds, etc. matrices or other means for making such infringing copies

as the court may order.

mechanical musical instruments.

"(e) Whenever the owner of a musical copyright has Infringment by used or permitted the use of the copyrighted work upon the parts of musical instruments serving to reproduce mechanically the musical work, then in case of infringement of such copyright by the unauthorized manufacture, use, or sale of interchangeable parts, such as disks, rolls, bands, or cylinders for use in mechanical musicproducing machines adapted to reproduce the copyrighted

be granted.

royalty.

music, no criminal action shall be brought, but in a civil Injunction may action an injunction may be granted upon such terms as the court may impose, and the plaintiff shall be enRecovery of titled to recover in lieu of profits and damages a royalty as provided in section one, subsection (e), of this Act: Provided also, That whenever any person, in the absence of a license agreement, intends to use a copyrighted musical composition upon the parts of instruments serving to reproduce mechanically the musical work, relying upon the compulsory license provision of this Act, he Notice to pro- shall serve notice of such intention, by registered mail, upon the copyright proprietor at his last address disclosed by the records of the copyright office, sending to the copyright office a duplicate of such notice; and in case of his failure so to do the court may, in its discretion, Damages, three in addition to sums hereinabove mentioned, award the provided. complainant a further sum, not to exceed three times the amount provided by section one, subsection (e), by way Temporary in- of damages, and not as a penalty, and also a temporary injunction until the full award is paid.

prietor of intention to use.

times a mount

junction.

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"Rules and regulations for practice and procedure under this section shall be prescribed by the Supreme Court of the United States."

Approved, August 24, 1912.

[62d Congress, 2d session]

In "The Statutes at Large." Vol. 37, part 1. 8°. Washington, 1913, pp. 488-490.

Certificate of registration.

AN ACT To amend section fifty-five of “An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section fifty-five of the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine, be amended to read as follows:

"SEC. 55. That in the case of each entry the person recorded as the claimant of the copyright shall be entitled to a certificate of registration under seal of the copyright office, to contain the name and address of said claimant, the name of the country of which the author of Nationality of the work is a citizen or subject, and when an alien author odmiciled in the United States at the time of said regis

author.

Certificate for ceipt of affidavit.

book to state re

tration, then a statement of that fact, including his place of domicile, the name of the author (when the records of the copyright office shall show the same), the title of the work which is registered for which copyright is claimed, the date of the deposit of the copies of such work, the date of publication if the work has been reproduced in copies for sale, or publicly distributed, and such marks as to class designation and entry number as shall fully identify the entry. In the case of a book, the certificate shall also state the receipt of the affidavit, as provided by section sixteen of this Act, and the date of the completion of the printing, or the date of the publication of the book, as stated in the said affidavit. The register of copyrights shall prepare a printed form for the said certificate, to be filled out in each case as above provided for in the case of all registrations made after this Act goes into effect, and in the case of all previous registrations so far as the copyright office record books shall show such facts, which certificate, sealed with the Certificate may seal of the copyright office, shall, upon payment of the person. prescribed fee, be given to any person making applicaSaid certificate shall be admitted in

tion for the same.

be given to any

any court as prima facie evidence of the facts stated therein. In addition to such certificate the register of Receipt for copies dposited. copyrights shall furnish, upon request, without additional fee, a receipt for the copies of the work deposited to complete the registration.” Approved, March 2, 1913.

[62d Congress, 3d session]

In "The Statutes at Large." Vol. 37, part 1. 8°. Washington, 1913, pp. 724-725.

AN ACT To amend section twelve of the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twelve of the Act entitled "An Act to amend and consolidate the Acts respecting copyright," approved March fourth, nineteen hundred and nine, be, and the same is hereby, amended so as to read as follows:

"SEC. 12. That after copyright has been secured by publication of the work with the notice of copyright as

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Deposit of two provided in section nine of this Act, there shall be promptly deposited in the copyright office or in the mail addressed to the register of copyrights, Washington, District of Columbia, two complete copies of the best edition thereof then published, or if the work is by an author who is a citiWork by for- zen or subject of a foreign state or nation and has been pubabroad, only one lished in a foreign country, one complete copy of the best copy required. edition then published in such foreign country, which copies

eigner, published

requirement.

Copies not resale, one copy required.

or copy, if the work be a book or periodical, shall have Manufacturing been produced in accordance with the manufacturing provisions specified in section fifteen of this Act; or if such work be a contribution to a periodical, for which contribution special registration is requested, one copy of the issue or issues containing such contribution; or if the produced for work is not reproduced in copies for sale there shall be deposited the copy, print, photograph, or other identifying reproduction provided by section eleven of this Act, such copies or copy, print, photograph, or other reproduction to be accompanied in each case by a claim of copyInfringements. right. No action or proceeding shall be maintained for infringement of copyright in any work until the provisions of this Act with respect to the deposit of copies and registration of such work shall have been complied with." SEC. 2. That all Acts or parts of Acts in conflict with

Repeal of con- the provisions of this Act are hereby repealed. flicting laws. Approved, March 28, 1914.

[63d Congress, 2d session]

In "The Statutes at Large." Vol. 38, part 1. 8°. Washington, 1915, p. 311.

PRESIDENTIAL PROCLAMATIONS.

[See Sec. 8. Page 11 : 5.]

The following proclamations have been issued by the President, by which copyright protection is granted in the United States to works of authors who are citizens or subjects of the countries named. It is to be noted that this protection does not include "copyright controlling the parts of instruments serving to reproduce mechanically the musical work" provided in Sec. 1 (e) of the Act of March 4, 1909, except in the case of the countries named in the second part of this list, viz: Belgium, Cuba, Germany, Great Britain, Hungary, Italy, Luxemburg, and Norway.

July 1, 1891-Belgium, France, Great Britain and the British pos-
sessions, and Switzerland. (Stat. L., vol. 27, pp. 981-982.)
April 15, 1892-Germany.
October 31, 1892-Italy.
May 8, 1893-Denmark.
July 20, 1893-Portugal.

(Stat. L., vol. 27, pp. 1021-1022.)
(Stat. L., vol. 27, p. 1043.)
(Stat. L., vol. 28, p. 1219.)

(Stat. L., vol. 28, p. 1222.)

July 10, 1895 Spain. (Stat. L., vol. 29, p. 871.)

February 27, 1896-Mexico. (Stat. L., vol. 29, p. 877.)
May 25, 1896-Chile. (Stat. L., vol. 29, p. 880.)

October 19, 1899-Costa Rica. (Stat. L., vol. 31, pp. 1955-1956.) November 20, 1899-Netherlands and possessions. (Stat. L., vol. 31, p. 1961.)

November 17, 1903-Cuba.

January 13, 1904-China.

(Stat. L., vol. 33, pt. 2, p. 2324.) (Treaty of October 8, 1903, Article XI.)

(Stat. L., vol. 33, pt. 2, pp. 2208, 2213–2214.)

July 1, 1905-Norway. (Stat. L., vol. 34, pt. 3, pp. 3111-3112.) May 17, 1906—Japan. (Treaty of November 10, 1905.) (Stat. L., vol. 34, pt. 3, pp. 2890-2891.)

September 20, 1907-Austria. (Stat. L., vol. 35, pt. 2, p. 2155.) April 9, 1908-Convention between the United States and other powers on literary and artistic copyrights, signed at the City of Mexico, January 27, 1902. (This treaty is effective from July 1, 1908, as between the United States and the following countries: Guatemala, Salvador, Costa Rica, Honduras, and Nicaragua.) (Stat. L., vol. 35, pt. 2, pp. 1934-1946. English, French, and Spanish texts.) August 11, 1908-Japan. (Treaty of May 19, 1908, for protection in China.) (Stat. L., vol. 35, pt. 2, pp. 2044-2046.)

August 11, 1908-Japan. (Treaty of May 19, 1908, for protection in Korea.) (Stat. L., vol. 35, pt. 2, pp. 2041-2043.)

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